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Home My WebLink About05-3041 DOREEN CHAPLIN, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ()!) - 3d/I C"LJ;lT~ JOHN WILLIAM CHAPLIN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dated: June~. 2005 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Telephone: (717) 249-3166 :TURIN~~ ~ HARRY M. B TURIN, ESQUIRE Attorney 1.0. No. 83006 2604 North Second Street Harrisburg, PA 17110 (717) 234-2427 DOREEN CHAPLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 -.3d1( Ci o',C ~fJ2-"l JOHN WILLIAM CHAPLIN, Defendant CIVIL ACTION - LAW IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3301 CD) OF THE DIVORCE CODE AND NOW, this 9th day of June, 2005, comes the Plaintiff, DOREEN CHAPLIN, by and through her attorney, Harry M. Baturin, Esquire, of the Law Offices ofBATURIN & BATURIN, and respectfully represents the following: 1. The Plaintiff is Doreen Chaplin, an adult individual, sui juris, with a social security number of 459-81-0096, and who currently resides at 241 W. Dauphin Street, Enola, Cumberland County, Pennsylvania 17025, and has resided there for approximately one year. 2. The Defendant is John William Chaplin, an adult individual, sui juris, with a social security number of 450-57-7408, and who currently resides at 3719 Seven Hills Road, Castro Valley, Alameda County, California 94546, and has resided there for approximately five years. 3. Plaintiff has been bona fide resident ofthe Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing ofthis Complaint. 4. The Plaintiff and Defendant were married on May 27,1988, in Belton, Bell County, Texas. DOREEN CHAPLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3041 Civil Term JOHN WILLIAM CHAPLIN, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Harry M. Baturin, Esquire, of the law firm of Baturin & Baturin, attorney for the Plaintiff in the above captioned matter, do hereby certifY that on June 15, 2005, I deposited in the United States Mail, at the United States Post Office, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, marked "Restricted Delivery", a certified copy of the Complaint in Divorce and Notice to Defend and Claim Rights along with Notice To Defendant/Plaintiff's Affidavit Under Section 330l(d) ofthe Divorce Code attached thereto, bearing Article No. 7003 0500000408660449, addressed to: John William Chaplin, 3719 Seven Hills Road, Castro Valley, CA 94546. The said article of Certified Mail, as shown by the Postal Return Receipt Card was received by the Defendant herein on June 25, 2005, and according to same, was signed by him, to wit: John William Chaplin, which card is attached hereto and marked as Exhibit "A", along with the deposit slip dated June 15,2005, for said article of Certified Mail aforementioned. BATURIN & BATURIN By: ~M( (Yl. (jiC Harry M. Baturin, Esquire Attorney LD. 83006 2604 North Second Street Harrisburg, P A 1711 0 (717) 234-2427 (Attorney for Plaintiff) Dated: June 30, 2005 IT' ::T ::T o ..D ..D '" o U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) . ,. ., CACfJlpttpfe44 A l _ $ $0.60 ::T o o o Retum Aeclept Fee (Endor8ernent Required) o Restricted Delivery Fee o {E............._ Ul o Certified Fee -.-...... $ m ~ ~~:f-~.~_~.'2~_.~~_--._.m_.----._m.h_--h.m....__.. crPOBoxNo.3719 Seven Hills Ri. CitY.'~~~'-V~1~;':-----CA-'-----9454;5--_h_-""---'"-'-''' . Complete Kerns 1, 2, and 3. Also complete item 4 ff Restricted Delivery Is desired. . Print your name and sddress on the reverse so that we can retum the card to you. . Attach this card to the back of the mailplece. or on the fton! ff space permits. 1. ArtIcle Addressed to: C. Date III g,ilvery U - "\ -Ct; DYes o No John William Chaplin 3719 Hills Ri. tro Valley. CA 94546 3lS1yp<' CerlltIod MelI lJ ElcpIIlOO Moll RegIste<od lJ ReIum RecolpI o InllUf1ld Mall 0 C.O.D. 4. _ DeIIvery'1 (Bc1nI Fee) Number ---' PS Fonn 1. FobtuaIy 2004 7003 0500 0004 08bb 0449 . DomeolIe RoIUm _ / ,..., EXHIBIT "AIf (') ~,;; -~":"" ,~, I', q-",^ ii!';'I L.r' s;t; c:;:t" -- ,-s;:C) ""'C '--('-' Z =< , -,.- . ...., = = <J'> <-.... c: 0- f c.n " :ll1: o -n .--< . ffi ::D - hi :Eo 01 -.'fL> -:r: ~1" O""l'~ ":"70 arT] ..., )> :1:J -< C:? :- en 5. The Plaintiff and Defendant have continued to live separately and apart since December 1998. 6. Plaintiff avers that there are two children of the parties under eighteen (18) years of age. 7. There has been no prior action for divorce or annulment ofthe marriage between the parties hereto in this or any other jurisdiction. 8. The Plaintiff and Defendant are both citizens of the United States of America. 9. The Defendant is not a member on active duty of the Armed Forces of the United States of America nor any of its allies. 10. The Plaintiff avers that the grounds upon which this action is based is that the marriage is irretrievably broken. 11. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling and which list is available to the Plaintiff upon request. Being so advised, Plaintiff does not request that the Court require that the parties participate in counseling prior to a divorce decree being handed down by the Court. 12. Plaintiff requests the Court to enter a decree of divorce. -2- WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce dissolving the marriage between the Plaintiff and Defendant and for such further relief as the Court may determine equitable and just. Respectfully submitted, BA TURIN & BATURIN By: ~(l/, ~ Harry M. Baturin, Esquire Attoryney J.D. No. 83006 (Attorney for the Plaintiff) 2604 North Second Street Harrisburg, P A 1711 0 (717) 234-2427 -3- VERIFICATION I VERIFY THAT THE STATEMENTS MADE IN THIS COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, BELIEF AND INFORMATION. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 P A. C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: June 9, 2005 -'-'] ~~ (~av &(Seall OOREEN CHAPLIN I -4- . . DOREEN CHAPLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA VS. NO. JOHN WILLIAM CHAPLIN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. Plaintiff's Affidavit Under Section 3301 (d) Of The Divorce Code 1. The parties to this action separated in December 1998, and have continued to live separately and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a Divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~TE: June 9, 2005 ~:z" (iyL-~ OOREEN CHAPLI (Seal) 7J ("::) -bq" ~ \ "' ...() ~ '- ~ C) ..... " ~ c = ~ ~ ~ ,,,-,, '-'" tI1 '- :J! 9..J c: -C'," rl1:!l 0 pi:! ..,;,.;.... -oF;; . () < w :06 1""" 0 ---\( $ -0 :>: r1i ::~;: (')::!J '--':-,:;-.. -.'70 c,'! -r-rn '--) ~ =2 <-., j) .< DOREEN CHAPLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3041 Civil Term JOHN WILLIAM CHAPLIN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~,3301(d) DIVORCE DECREE TO: John William Chaplin 3719 Seven Hills Road Castro Valley, CA 94546 YOU HAVE BEEN sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Plaintiff's affidavit. Therefore, on or after August 20, 2005, the Plaintiff can request the Court to enter a Final Decree In Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above dSlte, the Court can enter a Final Decree In Divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the court a writtEm claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find Ol~t where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Telephone: (717) 249-3166 BATURIN & BATURIN Harry M. Baturin, Esquire Attorney ID#83006 2604 N. Second Street Harrisburg, PA 17110 (717) 234-2427 (Attorneys for the Plaintiff) Dated: July 29, 2005 DOREEN CHAPLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3041 Civil Term JOHN WILLIAM CHAPLIN, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S COUNTERAFFmA VIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both: (i) The parties to this action have not lived separate and apart for a period of a least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relie:f. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decre,a may be entered without further delay. I VERIFY THAT THE STATEMENTS MADE IN THIS COUNTER-AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 PA C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. (::") ~, C:) c- ,~;::;> ';." ~.<. : : ~_.. C. ) -::r N ....- --, -< -~! - DOREEN CHAPLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3041 Civil Term JOHN WILLIAM CHAPLIN, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICI~ I, Harry M. Baturin, Esquire, of the law firm of Baturin & Baturin, attorney for the Plaintiff in the above captioned matter, do hereby certify that on August 3, 2005, I deposited in the United States Mail, Harrisburg, Pennsylvania, by regular surface mail, an article of mail, a clocked-in copy of the Notice of Intention To Request Entry of 3301 (d) Divorce Decree along with Defendant's Counteraffidavit Under Section 3301(d) of the Divorce Code attached thereto, addressed to: John William Chaplin, 3719 Seven Hills Road, Castro Valley, CA 94546. BATURIN & BATURIN By: ~y,('rJ. ~ Harry M. Balurin, Esquire Attorney LD. 83006 2604 North Second Street Harrisburg, P A 1711 0 (717) 234-2427 (Attorney for Plaintiff) Dated: August 4, 2005 ~~.>, .'~'" ~1 i-, L.r'\ "" (;oj 1 ",n -:.-. -; r-;..- .:-," c;:::; :iJ, -'- -(. IN THE COURT OF COMMON PLEAS DOREEN CHAPLIN, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION JOHN WILLIAM CHAPLIN, Defendant NO. 05-3041 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the, court for entry of a divorce decree: 1. Ground for divorce: Apf.eiI1l'e'''~eA*Mkd6M{ i.J.NJef ~i(C? / 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Defendant ''''as served on June 25, 2005, by Certified Mail-Return Receipt Requested "Restricted Delivery" 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by 93301 (d) of the Divorce Code: June 9, 2005 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed June 13, 2005 and served June 25, 2005 4. Related claims pending: No Naims pending 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: July 29, 2005 and served on Defendant by regular surface, first-class ma11, postage prepa1d. (b) Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: BA~ &BATURIN ~/ By: . -t (Y\ Harry M. BaturilAttorney for PlaintiMlfib'.I.,(,(,(,(r' ::ro4 N. Cea::rd st.., Hanietmg, PA 17110 (717) 234-2427 Date: August 23, 2005 C!. <i,~~ '"\.) \v~' ' f":'}.f, ~ cf}. ~ c;, t;}. (J'J ~~i~ ~~7 ~~ ,L ~-, :7d:. 9.. ~.-n ff't::. \" -0.(",) ~~..", 1,. .;')C). ':;\'.\~, "(:~)V ~. y;.. ,'0 ','c'--') ~:;; ::i ~ ~, DOREEN CHAPLIN, Plaintiff ~. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3041 Civil Term JOHN WILLIAM CHAPLIN, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~i3301(d) DIVORCE DECREE TO: JOhll William Chaplin 3719 Seven Hills Road Castro Valley, CA 94546 YOU HAVE BEEN sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Plaintiffs affidavit. Therefore, on or after August 20,2005, the Plaintiff can request the Court to entElr a Final Decree In Divorce. If you do not file with the Prothonotary of the Court eln answer with your signature notarized or verified or a counter-affidavit by the above date, the Court can enter a Final Decree In Divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 Telephone: (717) 249-3166 BA TURIN & BATURIN Harry M. Baturin, Esquire Attorney ID#83006 2604 N. Second Street Harrisburg, P A 17110 (717) 234-2427 (Attorneys for the Plaintiff) D "> = = v-. o Of'] ::::! f:1 :0 r- :t:;;::; > ,- <...~ I - ~ -,'. ',-.~ '.- -......-.:' (~...., -,~,~ Dated: July 29,2005 ~~{ ~? ;~oo?F? ',Sin ..;.., :.:< --i DOREEN CHAPLIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-3041 Civil Term JOHN WILLIAM CHAPLIN, Defendant CIVIL ACTION - LAW IN DNORCE DEFENDANT'S COUNTERA!FIDA VIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both: _ (i) The parties to this action have not lived separate and apart for a period of a least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also filEI all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further delay. I VERIFY THAT THE STATEMENTS MADE IN THIS COUNTER-f\FFIDA VIT ARE TRUE AND CORRECT. 'UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 1 a PA C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOi\1IC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '" . :+: If. 'f. 'f. :+:+:;+::+:+::+::+ 'f.:+: +'T . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,.;'+! Of.:+::+: 'f.;+::f. Of. 'f. 'f.:+:;+; . . . . . . . . . . . . +If.++ +++'f.+++ +:+:++:+'f.+ ++ ++ . . . .. . . .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. . . . . . . . . . . . . . . . . . . . . . DOREEN CHAPLIN, Plaintiff No. 05-3041 Civil Term VERSUS JOHN WILLIAM CHAPLIN, UeI:endant DECREE IN DIVORCE AND NOW, ~ , IT IS ORDERED AND 3\ 2005 DECREED THAT DORRRN CHAPT.TN , PLAI NTI FF, AND JOHN WILLIAM CHAPLIN , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; N~ ~l~im~ pon~ing , ~ ; ~ , ~ ~ ~ , \,' - ~ 7/ /"i /' BY TI;tE COURT:.t~'~ :" ~/) . . . . . . . . . . . . . . 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